HomeMy WebLinkAbout12-3467i
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Robert G. Frey, Esquire
Attorney ID No. 46397
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
4I'?MI?31 F t F
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PE a"NISYE_1rANi ".
SHARON E. WANG, Executrix
of the Last Will and Testament of
Nancy T. Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
VS.
JOHN E. KOBIERCKI and
LAVONNE T. KOBIERCKI, his wife,
Defendants
NO.2012--047 CIVIL TERM
IN PARTITION
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET cll?
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166 / 0.3.75 !O°r )06
C //? 7
g*.2 740 OX
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accomodations available to disabled individuals having business
before the court, please contact our office. All arrangements must; be made at least 72
hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
Robert G. Frey, Esquire
Attorney ID No. 46397
5 South Hanover Street
Carlisle, PA 17013
(717) 213-5838
SHARON E. WANG, Executrix
of the Last Will and Testament of
Nancy T. Anthony,
Plaintiff
VS.
JOHN E. KOBIERCKI and
LAVONNE T. KOBIERCKI, his wife,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2012-
IN PARTITION
COMPLAINT
CIVIL TERM
AND NOW, comes the Plaintiff, by and through her attorney, Robert G. Frey,
Esquire and respectfully states as follows:
1. Plaintiff is Sharon E. Wang, an adult individual, as Executrix of the Last
Will and Testament of Nancy T. Anthony, residing at 1187 Greenfield Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
1 Defendants are John E. Kobiercki and Lavonne T. Kobiercki, husband and
wife, adult individuals, residing at 238 Sample Bridge Road, Mechanicsburg,
Cumberland Land County, Pennsylvania 17055.
3. Sharon E. Wang is the Executrix of the Last Will and Testament of Nancy
T. Anthony who died on December 22, 2011. By virtue of Letters Testamentary that
were issued to Sharon E. Wang by the Register of Wills of Cumberland County on
February 17, 2012 to File No. 11-1385, Orphans Court Division.
Nancy T Anthony Estate vs. John and Lavonne Kobiercki Page 1 of 3
4. Nancy T. Anthony was the owner during her lifetime of an undivided one-
half interest in a tract of land being known as Lot #1 of a Subdivision recorded in
Cumberland County Plan Book 48, Page 31, by virtue of a deed from John M. Anthony
and Richard H. Anthony, Jr., and Debra A. Anthony, his wife, dated September 9, 1986
and recorded September 12, 1986 in the Cumberland County Recorder of Deeds Office in
Deed Book "E," Volume 32, Page 178. A true and correct copy of said deed is attached
hereto and incorporated herein as Exhibit "A." While said deed conveys a 100% fee
simple interest, the property was subject to a judgment lien against the interest of John M.
Anthony at the time of the conveyance
5. The Defendants are the owners of an undivided one-half interest in a tract
of real estate known as Lot No. 1 as shown on the Subdivision Plan recorded in the
Cumberland County Recorder of Deeds Office in Plan Book 48, Page 31 by virtue of a
deed from Robert E. Myers dated August 14, 1990 and recorded September 1, 1990 in
Deed Book "T," Volume 34, Page 804. A true and correct copy of said deed is attached
hereto and incorporated herein as Exhibit "A." This conveyance was of the interest
formerly of John M. Anthony that was foreclosed in satisfaction of the judgment against
him.
6. No persons other than the parties to this partition action have an interest in
the real estate.
7. No partition or division of the real estate has ever been made.
8. Plaintiff has attempted to negotiate with the Defendants for the sale to the
Defendants of Plaintiff's undivided one-half interest in the real estate. Defendants have
neither accepted nor made any counter-offer or proposal concerning the real estate.
Nancy T Anthony Estate vs. John and Lavonne Kobiercki Page 2 of 3
9. The real estate cannot be divided without prejudice to or spoiling the
whole.
WHEREFORE, Plaintiff respectfully requests that the Court enter an order
directing the partition of the Property setting forth the respective interests of parties in the
Property, recognizing Plaintiff and Defendants each as owners of an undivided one-half
interest in the property.
Respectfully submitted,
Frey & Tiley,
Attorneys f or
--J
By:
Robert G. Frey, Esquire /.-
Supreme Court Number 4639(7
5 South Hanover Street \
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made herein are true and correct and understand that
false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating
to unsworn falsification to authorities.
Dated: 12012
SHARON E. WANG, Executrix th
Last Will and Testament o ncy T.
Anthony
Nancy T Anthony Estate vs. John and Lavonne Kobiercki Page 3 of 3
Exhibit "A"
;,. ,..,.
Pioi DEED
ALL STATE LEGAL SUPPLY CORP.
AU G N V S T 171A ARCH ST., PHILADELPHIA, PA. 19107
1
a
'11(tdethe 9 da,yIll ill the ,yell),
,1Yneteen hundred and eighty-six (1986) .
?3rhvcrte JOEM M. ANTHONY, single man, and RICHARD H. ANTHONY, JR. (previously
incorrectly shown as RICHARD A. ANTHCNY, JR.) and DEBRA A. ANTHONY, his wife,
i A N D
NANCY T. ANTHONY
GRANTORS
?IW1tr91WCHI, That in ewnideralion, of One and 00/100---------------------
------------------------------ ($1,00)----------------------------------- Aol/rtrx,
in hand paid, the reeeipt n,hereof ix hereby arknmi-ledeed, the said eraa.lors do
hereby rant and ronvey to the .wlid 0lwntee , her heirs and ussihr[,e,
ALL THAT CERTAIN lot of ground situate in Silver Spring Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the required right-of-way of.Township Road T-596 (Samples
Bridge Road), said point of beginning also being on the required right-of-way
line of Northbound Interstate 81; thence along the required right-of-way of
Northbound Interstate 81 the following three courses and distances: North 88
degrees 41 minutes 20 seconds East, four hundred twenty-five and five hundredths
(425.05) feet to a stake; South 85 degrees 44 minutes 46 seconds East, three
hundred one and fifty hundredths (301.50) feet to a stake; and North 88 degrees
32 minutes 36 seconds East, one hundred sixty-five (165) feet to a point an the
dividin; line between Lot No. 1 and Lot No. 2 of the hereinafter mentioned sub-
-division plan; thence along the said dividing line the following three courses
and distances: South I degree 27 minutes 24 seconds'East, one hundred twenty-
six and forty-eight hundredths (126.48) feet; North.81 degrees 2 minutes West,
four hundred fifty-nine and eleven hundredths (459.11) feet; and South 84 degrees
1 minute West, four hundred thirty-four and thirty-five hundredths (434.35) feet
to a point on the required right-of-way of Samples Bridge Road (T-596); thence
along the required right-of-way of S rples Bridge Road (T-596), North 4 degrees
I 21 minutes 40 seconds West, one hundred eight and ninety-two hundredths (108.92)
feet to a point, Clio place of BEGINNING. CONTAINING 1,887 acres, more or less.
i
BEING Lot No. l on the subdivision plan recorded in the Cumberland County Recorder'
Office in Plan Book 48, Page 31.
TOGETHER with a right-of-way aver Lot No. 2 of the herein mentioned subdivision pla
ten (10) feet in width (being the northernmost 10 foot wide right-of-way), from the
Samples Bridge Road (T-596) to the southeast comer of the property herein conveyed
for purposes of ingress, egress and regress between the land herein conveyed and th
said S.u ples Bridge Road. The Grantee herein, her heirs and assigns, to be
responsible for the installation and maintenance of said right-o£-wary.
896 32 PAGE 178
so
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05/18/2012 11:32:21 AM CUMBERLAND COUNTY Inst.# 198604645 - Page 1 of 3
I
BEING the same premises which John M, Anthony and Richard H. Anthony, Jr.
(previously incorrectly shown as Richard A. Anthony, Jr.) by deed dated August 29,
1985, and recorded in the Cunberland County Recorder's Office in Deed Book T' ,
Volimie 31 Page 851 , granted and conveyed into John M. Anthony and
Richard It. Anthony, Jr. (previously incorrectly shown as Richard A. Anthony, Jr.),
two of the Grantors herein. Debra A. Anthony, being the wife of Richard H.
Anthony, Jr. (previously incorrectly shown as Richard A. Anthony, Jr.), joins
with her husband, as a Grantor herein.
THIS is an exeapt transfer being a conveyance between parent and child (Nancy T.
Anthony and John M. Anthony) and between parent and child and the spouse of
such child (Nancy T. Anthony and Richard H. Anthony, Jr, and Debra A. Anthony,
iris wife).
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05/18/2012 11:32:21 AM CUMBERLAND COUNTY Inst.# 198604645 - Page 2 of 3
..7::t,rraMt?tta:w+??t?r?aust.9u?h:?Yiia*w+nadyuW?Wi+4MUxr ... io,?tisis?r:;a,M?... .
c4%10 the said ertn tors du hereby/ generally
the prnperty hereby conveyed.
utarrant
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?I'W 1CSS ?MlCrt0f, said rrantor3 h(Re hereunto set their hrnrds
and seals the day atol yearl1rat above writlen.
,$igtttb, ,*talta allb Dtliuereb
lot the 13reamet of ?
JghtC M: Anthon?yG
r wy,,
6
6Loatattottttttttltlt of ?;Irtttta?tlm.nuia
aa.
i?statt? of Cumberland
On thlx, the Sh rbrq of ?t:})2rrl '?-t !J 86 , belrere tree a Notary Public
the tterrlersialled anleer, prrxureal(jbppegrn!i John o. Anthony
knoavtto MV (ar.tollx?itrtarif?proren)[obe the person whoxrnut+re i3 sit bxeriGrrt_(j.(jjrwit hirt
inxlrr meat, and aeknowledeed that he rrrr•utrd the .viper jor the purpoxr. t.hrrr(l}'d'VAt?ll?r l.,
lh" ;rl%h X3S 1171 REON, I have heretralo .ref rtul laird rural Notarial ; 41vliI "' C)
Wits
oq mm4sip.,
Sefouttxtut:Lwcnltlt DE timaLl'iVnit4a
Y e Et-.
CL111tttti of Cumberland J
Ott this, the 91{, datl of ?E? ,r.1,xE2• 1,ry86 be/are nee a Notary Public
the und,rvierred olpeer, persomilltl appeared RICHARD H. ANIHCNY, JR., and DEBRA A. ANTHONY,
his wife,
known to prt•(wart(i.v?rrr•laril(/prntrn)to hethe perxon3 tohuxrrtrratrS are xabxr•riberj(rttit, with,
instrument, and urkaowledVed that they rtrraterf the sale to), flu• rpoxe Nirr%'?Aey4(l• ti;tl.
IX WIT.VESS WHEREOF, I have hereunto set my haad rend N t ial ? G?x•e,?•t 1••'•
N ??r? `yC1•t1t that the precise dt?lrriIlJtr eru??t yA? l
" •t'tYcilr. is
eae):?32 FACE 180
6 5-5
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•
05/18/2012 11:32:21 AM CUMBERLAND COUNTY Inst.# 198604645 -Page 3 of 3
Exhibit "B"
I
( Pee Simple Deed: Individual or Corporate
y
obis 3- denture made this I44'L_ day of 19 ?Q
N etaun ROBERT E. MYERS, Single Man,
(hereinafter called the Grantor/s), of the one put and
JOHN E. KOBIERECKI AND LAVON T. KOBIERECKI, his wife,
(hereinafter called the Grantee(s), of the other part,
Witnefizet4 That in considcrationof
TT Lp r
ISEVjp ,?HUSAN SE hV ?S rs
EN tF1U?7A?yDckF ow7ed ed, th??aIdG?anto???o o00hereb la,
in tan at , t e recer t w ereo is ,et g / ptl
Crantee(s, and assigns, y grant and convey unto the said
in fee
AN UNDIVIDED ONE-HALF INTEREST IN ALL THAT CERTAIN lot of ground situate in Silver
Spring Township, Cumberland County, Pennsylvania, bounded and dearibed as follows,
BEGINNING at a point on the required right-of-way of Township Road T-596 (Samples
Bridge Road), said point of beginning also being on the required right-of-way line of
northbound Interstate 81; thence along the required right-of-way of northbound
Interstate 81 the following three courses and distancesr North 88 degrees 41 minutes
20 seconds East, 425.05 feet to a stake; South 85 degrees 44 minutes 46 seconds East,
301.50 feet to a stake; and North 88 degrees 32 minutes 36 seconds East, 165 feet to a
point on the dividing line between Lot No. 1 and Lot No. 2 of the hereinafter
mentioned Subdivision Plan; thence along the said dividing line the following three
courses and distancesr South 1 degree 27 minutes 24 seconds East, 126.48 feet; North
81 degrees 2 minutes West 459.11 feet; and South 84 degrees 1 minute West 434.35 feet
to a point on the required right-of-way of Samples Bridge Road (T-596) North 4 degrees
21 minutes 40 seconds West, 108.92 feet to a point, the place of BEGINNING. CONTAINING
1,887 acres, more or less.
BEING Lot No. 1 on the Subdivision Plan recorded in the Cumberland County Recorder's
Office in Plan Book 48, Page 31.
TOGETHER with a right-of-way over Lot No. 2 of the herein mentioned Subdivision Plan,
10 feet in width (being the northernmost 10 foot wide right-of-way), from the Samples
Bridge Road (7-596) to the southeast corner of the property herein conveyed for
purposes of ingress, egress and regress between the land herein conveyed and the said
Samples Bridge Road. The Grantees herein their heirs and assigns to be responsible
for the installation and maintenance of said right-of-way.
UNDER AND SUBJECT to all Acts of Assembly, County and Township Ordinances, rights of
Public Utility and Public Service Companies, existing restrictions and easements,
visible or of record, to the extent that any persona or entities have squired legal
rights hereto.
BEING the same premises which the Cumberland County Sheriff, by deed recorded in the
Office of the Recorder of Deeds in and for Cumberland County in Dead Book M-33, Page
372, granted and conveyed unto Robert E. Myers, grantor herein.
C vrrtje v. ? z ? ? ya ???r
School Dist Cumb. Co., Pa.
44--Real Estate lrunsterr Tax
D.ireL ?? y? Amt. 3 Ci • 71
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S;/,er Sp..:n
Township of wm?
Cumb. Co.. Pa-
peel Estate Transfer Tax
7S
umb. Co. Dist. Col. AqL
•
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05/18/2012 11:34:01 AM CUMBERLAND COUNTY Inst.# 199004061 - Page 1 of 2
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c' COUIMONbVEALTN OF PENNSYLVANIA
•' VL?,,MmENT Or REVE^!UE -
"' ?(?1i:;'fiR S:P 71'90 Z5'?±
RECORDED-OFFICE OF THE
R£CORDE- C, DEEDS
O('%QERLAN0 COUNTY-PA.
r90 SEP 11 Pfd 12 05
AtIb the said Grantor/s do/does hereby convenant to and with the said Grantee/s that , the said
Grantor/s SHALL AND WILL
specially, subject as aforesaid, by these presents , Warrant and forever Defend the herein above
described premises, with the hereditaments and appurtenances, unto the said Grantee/s r
and assigns, against the said Grantor/s and against every other person lawfully claiming or who shall hereafter claim the same
or any part thereof, by, from or under or any of them.
IN WITNESS WHEREOF, the said Grantor/s has/have caused these presents to be duly executed, the day and year first above
written.
01 Commonwealth of Pennsylvania: County of m
Scaled and Delivered
in the presence of:
- __J (Seal)
(Seal)
On this, the day of 19 90, before me, the undersigned officer, personally
appeared who acknowledged himself/herself to be the of C
a corporation, and that he/she as such
being authorized to do so, executed the foregoing Instrument for the purpose therein contained by O
signing the name of the corporation by himself/herself as
Notary Public
Commonwealth of Pennsylvania: County of York -'
On this, the 14 day of August 1990 , before me, the undersigned offrcer;pe?sprtall ': fired" , C
V .......,. f. ';. a
Robert E. Mye e • ; } .;•• {; ; o
known to me (or satisfactorily proven to be the persoals whose name/s Is/are subscribed to they dtin`ins12umeAi arld , >
acknowledged that he/she/they executed the same for• the purposes therein contained
U _ :C
NOTARt L SEAL
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FaWmTwp. PA vtx80o _N°Cary ?C:
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05/18/2012 11:34:01 AM CUMBERLAND COUNTY Inst.# 199004061 - Page 2 of 2
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
of lutib
. "i
OFF C.E=::F'-E :"ERXF
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Sharon E. Wang
vs.
John E. Kobiercki (et al.)
J LIP! 12 8j:
PENHS'(L'VPvr r3l?,
Case Number
2012-3467
SHERIFF'S RETURN OF SERVICE
06/05/2012 06:54 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 5,
2012 at 1854 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Lavonne T. Kobiercki, by making known unto herself personally, at 238 Sample Bridge
Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time
handing to her personally the said true and correct copy of the same.
RYA -ITEUR-G EPbQL-Z
06/06/2012 02:35 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 6,
2012 at 1435 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: John E. Kobiercki, by making known unto himself personally, at 1 Graystone Drive, ^
Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him
personally the said true and correct copy of the same.
MI AEL BARRI K, DEPUTY
SHERIFF COST: $60.45
June 07, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
!c; CountySuite Shenff. Telecsoft, Inc.
6
David R. Getz, I.D. # 34838
dgetzk@wwwpalaw.com
Wix, Wenger & Weidner
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attnrnevs for Defendants
?y pp
I U" 0 Z r;
2"1,2 JuL l i ISM 11:.?
U
PENNSYLVANIA
SHARON E. WANG, Executrix
Of the Last Will and Testament of
Nancy T. Anthony,
Plaintiff
V.
JOHN E. KOBIERCKI and
LAVONNE T. KOBIERCKI, his wife,
Defendants
IN THE COURT OF GUMMUN rutAO,
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2012-3467- CIVIL TERM
IN PARTITION
PRAECIPE FOR ENTRY OF APPEARANCE
To the Prothonotary:
Please enter the appearance of Wix, Wenger & Weidner, P.C., and David R.
Getz, Esquire, as attorneys for the Defendants, John E. Kobiercki and Lavonne T.
Kobiercki, in the above case.
Respectfully submitted,
Date:
WIX, WENGER & WEIDNER, P.C.
By:
David R. Getz, I.D. # 34M8
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
SHARON E. WANG, Executrix
Of the Last Will and Testament of
Nancy T. Anthony,
Plaintiff
V.
JOHN E. KOBIERCKI and
LAVONNE T. KOBIERCKI, his wife,
Defendants
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 2012-3467- CIVIL TERM
: IN PARTITION
Certificate of Service
I hereby certify that the foregoing Praecipe for Entry of Appearance was sent by
first class mail, postage prepaid this day to the following:
Robert G. Frey, Esquire
5 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
Date: ?Uh,e t J 6X
Wix, Wenger & Weidner
By:
David R. Getz, Esquire
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Robert G.Frey,Esquire C'_- THE P f''9�"'_�f,
RO
Attorney ID No. 46397 "13 f 3 VI A R 21 Pit #: r
5 South Hanover Street
Carlisle,PA 17013 rU B E LANJ f {
(717) 243-5838
SHARON E.WANG,Executrix IN THE COURT OF COMMON PLEAS
of the Last Will and Testament of OF CUMBERLAND COUNTY,
Nancy T.Anthony, PENNSYLVANIA
CIVIL ACTION -LAW
Plaintiff
VS.
JOHN E.KOBIERECKI and NO.2012-3467 CIVIL TERM
LAVONNE T.KOBIERECKI,his wife,
IN PARTITION
Defendants
REPLY AND NEW MATTER OF PLAINTIFF
AND NOW,comes the Plaintiff,by and through her attorney,Robert G. Frey,
Esquire and respectfully replies to the Counter Claim of Defendants as follows:
REPLY TO COUNTERCLAIM—COUNT I CONTRIBUTION
10. Admitted
11. Denied. After reasonable investigation,Plaintiff is without knowledge as
to the wants of Defendants. By way of further answer,the allegations in this paragraph
are irrelevant in an action in partition and should be stricken.
12. Denied. There is no obligation on a co-tenant to pay for maintenance,
repairs or taxes on jointly owned property and one co-tenant who unilaterally assumes
responsibility for any maintenance,repairs or taxes cannot seek reimbursement from the
other co-tenants.
Nancy T Anthony Estate vs.John and Lavonne Kobiercki Page 1 of 10
13. Denied. Plaintiff has no responsibility for the upkeep,maintenance and
repairs to the Property.
14. Admitted in part; denied in part. It is admitted that Plaintiff has paid for
any maintenance,repair or upkeep. It is denied that any said maintenance,repair or
upkeep was necessary. The Property is a primarily wooded,unimproved vacant lot for
which there are no improvements to be repaired or kept up. If the Property were allowed
to remain in a wooded condition,there would have been no need for maintenance. Any
maintenance that was performed on the Property was solely for Defendants' benefit to
create the appearance of a larger yard and in no way enhanced the value of the Property
or benefitted Plaintiff.
15. Denied. After reasonable investigation,Plaintiff is without knowledge as
to the extent of the repairs,maintenance and upkeep alleged to be performed by the
Defendants or of the cost therefor. An accounting by Defendants of each item of
maintenance,repair and upkeep and the cost expended for each item is demanded. By
way of further answer,the property is primarily wooded and would require limited,if
any,maintenance.Any maintenance that was performed on the Property was solely for
Defendants' benefit to create the appearance of a larger yard and in no way enhanced the
value of the Property or benefitted Plaintiff.
16. Denied. After reasonable investigation,Plaintiff is without knowledge as
to the time expended by the Defendant. An accounting by Defendants of the dates,times
and maintenance performed is demanded. By way of further answer,if the Defendants
had allowed the property to remain in its wooded condition,very minimal maintenance,if
any,would have been required. Any maintenance that was performed on the Property
Nancy T.Anthony Estate vs.John and Lavonne Kobiercki Page 2 of 10
was solely for Defendants' benefit to create the appearance of a larger yard and in no way
enhanced the value of the Property or benefitted Plaintiff.
17. Denied. After reasonable investigation,Plaintiff is without knowledge as
to what maintenance issues might arise. By way of further answer,the allegations in this
paragraph are not facts but forward looking speculation which should be stricken as
irrelevant.
18. Denied. After reasonable investigation,Plaintiff is without knowledge as
to any expenditures by the Defendants for the trimming and/or removing of trees. This
information alleged is in the exclusive control of the Defendants. An accounting by
Defendants of each item of maintenance,repair and upkeep and the cost expended for
each item is demanded. By way of further answer,Defendants undertook these activities
for their personal benefit. Neither the tree trimming nor the removal of trees in any way
enhanced the value of the Property or benefitted Plaintiff.
19. Denied. Plaintiff is unaware of what communication may have been made
by Defendants to Nancy Anthony since Nancy Anthony is now deceased.
20. Admitted in part; denied in part. It is admitted that payment of the 2012
real estate taxes were paid to Defendants after Defendants had filed their first Answer to
Plaintiff's Complaint. By way of further answer the allegation in this paragraph are
irrelevant and should be stricken for the reason that Plaintiff did pay its share of the 2012
real estate taxes.
21. Denied. After reasonable investigation,Plaintiff is without knowledge as
to the location of Defendants' house in relation to the property lines. By way of further
answer,the allegations contained in this paragraph are totally irrelevant and should be
Nancy T.Anthony Estate vs.John and Lavonne Kobiercki Page 3 of 10
stricken as they relate to a transaction in which Plaintiff had no involvement. There is no
allegation that Nancy Anthony during her lifetime or her estate after her death had any
responsibility for the construction of Defendants' house.
22. Denied. After reasonable investigation,Plaintiff is without knowledge as
to the location of Defendants' house,parking area and driveway in relation to the
property lines. By way of further answer,the allegations contained in this paragraph are
totally irrelevant and should be stricken as they relate to a transaction in which Plaintiff
had no involvement. There is no allegation that Nancy Anthony during her lifetime or
her estate after her death had any responsibility for the construction or location of
Defendants' house,parking area or driveway.
23. Denied. Plaintiff had no involvement or responsibility in the location of
Defendants' house and should bear no expense for correcting any encroachments or
defects. Plaintiff further believes and avers that no encroachment exists. If any
encroachments or defects are found to exist,they are solely the responsibility of
Defendants and those with whom they had privity of contract.
24. Denied. Defendants suffered no damages for which Plaintiff is
responsible.
WHEREFORE,Plaintiff respectfully requests that Defendants' request for
damages be denied.
REPLY TO COUNTERCLAIM—COUNT II SET OFF
25. Admitted.
Nancy T.Anthony Estate vs.John and Lavonne Kobiercki Page 4 of 10
26. Denied. After reasonable investigation,Plaintiff is without knowledge as
to the wants of Defendants. By way of further answer,the allegations in this paragraph
are irrelevant in an action in partition and should be stricken.
27. Denied. There is no obligation on a co-tenant to pay for maintenance,
repairs or taxes on jointly owned property and one co-tenant who unilaterally assumes
responsibility for any maintenance,repairs or taxes cannot seek reimbursement from the
other co-tenants.
28. Denied. Plaintiff has no responsibility for the upkeep,maintenance and
repairs to the Property.
29. Denied. After reasonable investigation,Plaintiff is without knowledge as
to the extent of the repairs,maintenance and upkeep alleged to be performed by the
Defendants or of the cost therefor. An accounting by Defendants of each item of
maintenance,repair and upkeep and the cost expended for each item is demanded. By
way of further answer,the property is primarily wooded and would require limited,if
any,maintenance.The maintenance performed by the Defendants was for their personal
and exclusive use and enjoyment of the property for which Plaintiff received no benefit.
30. Denied. After reasonable investigation,Plaintiff is without knowledge as
to the time expended by the Defendants. This information alleged is in the exclusive
control of the Defendants. An accounting by Defendants of the dates,times and
maintenance performed is demanded. By way of further answer,if the Defendants had
allowed the property to remain in its wooded condition,very minimal maintenance,if
any,would have been required.
Nancy T.Anthony Estate vs.John and Lavonne Kobiercki Page 5 of 10
31. Denied. After reasonable investigation,Plaintiff is without knowledge as
to what maintenance issues have arisen. This information alleged is in the exclusive
control of the Defendants.
30. Denied. After reasonable investigation,Plaintiff is without knowledge as
to the time expended by the Defendant. This information alleged is in the exclusive
control of the Defendants. By way of further answer,Defendants undertook these
activities for their personal benefit. Neither the tree trimming nor the removal of trees in
any way benefited the Property.
31. Denied. After reasonable investigation,Plaintiff is without knowledge as
to what maintenance issues might arise. By way of further answer,the allegations in this
paragraph are not facts but forward looking speculation which should be stricken as
irrelevant.
32. Denied. After reasonable investigation,Plaintiff is without knowledge as
to any expenditures by the Defendants for the trimming and/or removing of trees. This
information alleged is in the exclusive control of the Defendants. An accounting by
Defendants of each item of maintenance,repair and upkeep and the cost expended for
each item is demanded. By way of further answer,Defendants undertook these activities
for their personal benefit. Neither the tree trimming nor the removal of trees in any way
enhanced the value of the Property or benefitted Plaintiff.
33. Denied. Plaintiff is unaware of what communication may have been made
by Defendants to Nancy Anthony since Nancy Anthony is now deceased.
34. Admitted in part; denied in part. It is admitted that payment of the 2012
real estate taxes were paid to Defendants after Defendants had filed their first Answer to
Nancy T.Anthony Estate vs.John and Lavonne Kobiercki Page 6 of 10
Plaintiff's Complaint. By way of further answer the allegation in this paragraph are
irrelevant and should be stricken for the reason that Plaintiff did pay its share of the 2012
real estate taxes.
35. Denied. After reasonable investigation,Plaintiff is without knowledge as
to the location of Defendants' house in relation to the property lines. By way of further
answer,the allegations contained in this paragraph are totally irrelevant as they relate to a
transaction in which Plaintiff had no involvement. There is no allegation that Nancy
Anthony during her lifetime or her estate after her death had any responsibility for the
construction of Defendants' house.
36. Denied. After reasonable investigation,Plaintiff is without knowledge as
to the location of Defendants' house,parking area and driveway in relation to the
property lines. By way of further answer,the allegations contained in this paragraph are
totally irrelevant and should be stricken as they relate to a transaction in which Plaintiff
had no involvement. There is no allegation that Nancy Anthony during her lifetime or
her estate after her death had any responsibility for the construction or location of
Defendants' house,parking area or driveway.
37. Denied. Plaintiff had no involvement or responsibility in the location of
Defendants' house and should bear no expense for correcting any encroachments or
defects. If any encroachments or defects are found to exist,they are solely the
responsibility of Defendants and those with whom they had privity of contract.
38. Denied. An equal division of the proceeds of sale is the only fair means of
compensating the joint tenants.
Nancy T.Anthony Estate vs.John and Lavonne Kohiercki Page 7 of 10
39. Denied. An equal division of the proceeds of sale is the only fair means of
compensating the joint tenants.
40. Denied. No maintenance would have been required if the property were
allowed to remain wooded. Any maintenance that was performed was for the benefit of
Defendants alone. Defendants are not entitled to more than one half of the proceeds of
sale.
WHEREFORE,Plaintiff respectfully requests that Defendants' request for an
Order granting to Defendants a set-off against Plaintiff's ownership proceeds be denied.
NEW MATTER
STATUTE OF LIMITATIONS
41. In Count I of Defendants' Counterclaim,Defendants seek damages from
Plaintiff for,inter alia,upkeep,maintenance,repairs to the Property and the trimming and
removing of trees since July 20,2005.
42. In Count II of Defendants' Counterclaim,Defendants seek a set off"for
unpaid taxes,unpaid maintenance,unpaid repairs,and others costs borne by the
Defendants" since July 20,2005.
43. In Counts I and II of Defendants' Counterclaim,Defendants seek to have
their property line "corrected" at Plaintiff's expense and to have a portion of the Property
conveyed to them due to alleged actions by Nancy Anthony's sons in the construction of
Defendants' home.
44. Counterclaims in partition actions are subject to the Limitation of Actions.
Nancy T.Anthony Estate vs.John and Lavonne Kobiercki Page 8 of 10
45. The Statute of Limitations requires that the claims made by Defendants in
their Counterclaim be commenced within six years. 42 Pa.C.S.§5527(b).
46. Defendants filed their Counterclaim on March 7,2013.
47. Any claim by Defendants in Count I of their Counterclaim for upkeep,
maintenance,repairs to the Property and the trimming and removing of trees occurring
before March 7,2007 is barred by 42 Pa.C.S.§5527(b).
48. Any claim by Defendants in Count II of their Counterclaim for a set off
"for unpaid taxes,unpaid maintenance,unpaid repairs,and others costs borne by the
Defendants s occurring before March 7,2007 is barred by 42 Pa.C.S.§5527(b).
49. Defendants' house was conveyed to Defendants by Nancy Anthony's sons
on June 26, 1986. A copy of the recorded deed is attached hereto and incorporated herein
as Exhibit"A."
50. Defendants' entire claim to have the property line "corrected," to have a
portion of the Property conveyed to them or for any damages resulting from the alleged
improper placement of their house by Nancy Anthony's sons is barred either barred by
either 42 Pa.C.S.§5524(7)for failing to have commenced an action for negligence by
June 26, 1988,42 Pa.C.S.§5526(2)for failing to have commenced an action for damages
for noncompliance with a contract of sale for real estate by June 26, 1990,or by 42
Pa.C.S.§5527(b)for failing to bring an action by June 26, 1992.
Nancy T.Anthony Estate vs.John and Lavonne Kobiercki Page 9 of 10
WHEREFORE,Plaintiff respectfully requests that judgment be entered in favor
of Plaintiff and against Defendants on
a. of the Property conveyed to Defendants.
Respectfully submitted,
Frey &Tiley,
Attorneys for Plaintiff
By: 1 7-ZIX
Robert G.Frey,Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle,Pennsylvania 17013
(717) 243-5838
I verify that the statements made herein are true and correct and understand that
false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating
to unsworn falsification to authorities.
Dated: 40-re a J ,2013
SHARON E.WANG,Execntr' e
Last Will and Testament ancy T.
Anthony
Nancy T Anthony Estate vs.John and Lavonne Kobiercki Page 10 of 10
w'^r KA M..YMw.'M
LOIAMUNWEALTH OF PENNSYLVANIA=_ CUMMUNWEALTH OF PENNSYLVANIA
DEPARTMENT OF'REVENUE — DEPARTMENT OF REVENIIE
pEAIIY 8•. 9 °= v KAVY _--- 0.:x.1 -
AANSFIA IPl�t:SFfR r"i1�.X+
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MADE THE e'-e#'" day of �— c in the year
e"r Lord one tAoasond nine hundred
BETWEEN JOHN N. ANTHONY. 'sin 1e
g persona of 1810 Lambs Gap Road, Mechanicsburg,
Pennsylvania, and RICHARD. H..ANTHONY,-JR.(also known as RICHARD A.
ANTHONY. JR.), and DEBRA ANN ANTHONY.. his wife, of 1860 Poplar Ridge
Lane, Dauphin, Pennsylvania,: as joint tenants with the right of
survivorship. .
'L Grantor'
W
JOHN E. KOB.IERECKI and LAVON T. KOBIERECKI, his wife, of Mechanicsburg,
.County of Cumberland, State of Pennsylvania
Z �
Grantee
WITNESSETH,that in consideration of One Hundred Thirteen Thousand Dollars and no/100
---------- ----- -----°5113,000.00--°---------------------- --
Dollars.
in hand paid,. the rrceipt whereof is Aereby acknowledged, the said grantor do- hereby grant and convey
to_the.said.grantee s, their heirs and assigns as tenants by the entireties.
ALL that certain lot of ground situate in silver spring Township, Cumberland
County, Pennsylvania. more particularly bounded and described as follows.
BEGINNING at a point on the required right=of-way of Township Road T-596
_ (Samples Bridge Road) on the dividing line between Lot No. 1 and Lot No. 2-on
the hereinafter mentioned subdivision.plan; thence along said dividing line,
the following three courses and distances. North 84 degrees of minutes 00
seconds East 434.35 feet, South 81 degrees 02 minutes 00 seconds East 459.11
feet; and North Ol degrees 27 minutes 24 seconds West 126.48 feet to a point
on the required right-of-way line of Northbound Interstate Sit thence along
the required right-of-way line of Northbound Interstate 81 the following two
courses and distances: North 88 degrees 32 minutes 36 seconds East 285.00
-feet; and South 85 degrees 25 minutes 10 seconds East 36.16 feet to a point
at lands now or formerly of Ralph E. Wests thence along lands now or formerly
of Ralph E. West, South 44 degrees 08 minutes 42 seconds West 279.83 feet to
a point at lands now or formerly of Richard L. Machamer; thence.along lands
now or formerly of Richard L, Machdmer, North 81 degrees 02 minutes 00 seconds
West, 584.80 feet to a pointy thence continuing along lands now or formerly of
t.
EXHIBIT "A"
03/06/2013 11:45:38 AM CUMBERLAND COUNTY Inst.#198602921-Page 1 of 3
Y• .. -. ._....a ...WSV....n.....ter...n.n.r+ wt.aa......�t vauur.wr .XVfv.wW.•.Ya.• .w.,n..Tar�ysvF..,wren..l.{ F _aR.a.1 ....
Richard L. Nachamer, South'e4 degrees-01 x"utes 00 seconds.hest 371.637feet to
a.point on the legal Might=of-way. line of'Samples Bridge Road (T-S%)t thence
along the legal right-of-way'of'Sapples,Bridge Road (T-596)., North SS degrees
40 minutes 30 seconds Nest 73.33 feet to a point.on the required.right-of-way
of Samples Bridge Road (T-596); thence along:said required right-of-way of Samples
Bridge Road, North 04 degrees.21-minutes 4Q seconds West 2.30-feet to a point,
the place of Beginninq. Containing-1.901 acres, 'more or- less.
BEING Lot,No. 2 on the subdivision plan recorded in the Office of the Recorder
of Deeds in.and.for`Cumberland County,. Pennsylvania, in Plan Book 48, Page 31.
BEING part of the premises in which•J.ohn M. Anthony.and- i Rchard'H. Anthony, Jr.
(aka Richard-A. Anthony, Jr.), and-Debra Ann-Antbpay, his wife, by the4-r.deed
dated August 29•, T98S and recorded in Deed'Book "L",Volume 31, Page 854 in the
Cumberland County. Recorder's Office;.granted and conveyed unto-John.M. Anthony
and Richard H. Anthony, Jr. (aka.Richard A. Anthony), grantors herein.
SUBJECT to the ten '(10) foot wide right-of-way over the-land herein conveyed from
the,Samples Bridge-Roadt-(T-596)' to'the southeast corner of Lot No. 1 of the afore-
said subdivision plan (Plan Book 48; page 31) for purposes of ingress., egress and
regress between said Lot No. 1 and said.Samples Bridge-Road as.setforth indeed
between the same parties,dated August 29,, 1985 to'be recorded in-the aforesaid
Recorder's Office.
TOGETHER With the-right to-use a pond for recreational purposes only, located at
the most western,end of daid.:property. . This right shall-enure to the bepefit of
the grantees, their-successoro, and assigina. This right'is in conjunction and
cooperation with-all land owners given'the 'same right by the grantor. .
Co Co, 7: .. DW.Comb: Pa. '
.1t 1) tits Traa•farTax- a
1% Rul Edil�traghr.Zee �'y �••� .
_ 1
is
Cbwb.Co.Ot,R Col.Act.
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m li
And the mid gramor hereby cooessol i d.48ree do they !
I
mii!toarrent specially the property hereby 0e4veyeat. .
Z31 ?AV 37J „
s
y;
EXHIBIT "A"
03/06/2013 11:45:38 AM CUMBERLAND COUNTY Inst.#198602921 -Page 2 of 3
Robert G.Frey,Esquire
Attorney ID No. 46397
5 South Hanover Street
Carlisle,PA 17013
(717) 243-5838
SHARON E.WANG,Executrix IN THE COURT OF COMMON AS
of the Last Will and Testament of OF CUMBERLAND COUNTY,
Nancy T.Anthony, PENNSYLVANIA
CIVIL ACTION -LAW
Plaintiff
VS. .
JOHN E.KOBIERECKI and NO.2012-3467 CIVIL TERM
LAVONNE T.KOBIERECKI,his wife,
IN PARTITION
Defendants
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a true and correct copy of the Reply
and New Matter in the above captioned matter,by first class,United States mail,postage
pre-paid,upon the following;
David R. Getz,Esquire
Wix,Wenger&Weidner
PO Box 845
Harrisburg,PA 17108—0845
Date: March 21,2013
Robert G. Frey,Esquire
FREY &TILEY
Attorney for Plaintiff
5 S.Hanover Street
Carlisle,PA 17013
(717) 243-5838
Attorney I.D.#46397
Robert G.Frey,Esquire
Attorney ID No. 46397
5 South Hanover Street
Carlisle,PA 17013
(717) 243-5838
SHARON E.WANG,Executrix • IN THE COURT OF COMMON PLEAS
of the Last Will and Testament of • OF CUMBERLAND COUNTY,
Nancy T.Anthony, • PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff •
•
vs.
JOHN E.KOBIERECKI and • NO.2012-3467 CIVIL TERM
LAVONNE T.KOBIERECKI,his wife, :
IN PARTITION
Defendants
ea.
zcco
rn
PRAECIPE TO DISCONTINUE v jam-
TO THE PROTHONOTARY: z Q ~--`
AC j c'
Please Discontinue the Complaint filed by the Plaintiff in the above-captr6ned
matter with prejudice.
Frey & Tiley,
Attorneys for Plaintiff
November 5, 2013
By:
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
4ieL iiLJ§ia_.d`tr-iix .
IJ!J NOV -6 Ffl I: 145
David R. Getz, I.D. # 34838 .i'UMBE LAND COUNTY
dgetzk @wwwpaiaw.com PENNSYLVANIA
Wix, Wenger &Weidner
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Defendants
SHARON E. WANG, Executrix : IN THE COURT OF COMMON PLEAS,
Of the Last Will and Testament of : CUMBERLAND COUNTY, PENNSYLVANIA
Nancy T. Anthony,
•
Plaintiff
•
•
v.
: No. 2012-3467- CIVIL TERM
JOHN E. KOBIERCKI and
•
LAVONNE T. KOBIERCKI, his wife,
Defendants : IN PARTITION
PRAECIPE TO SETTLE, DISCONTINUE, AND END
Please mark the counterclaim filed by the Defendant in this matter as settled,
discontinued, and ended with prejudice.
WIX, WE► ER &WEIDNER, P.C.
Date: November 5, 2013 By: I • A r/L I
David R. Getz, I.D. # 34837.
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
M
SHARON E. WANG, Executrix : IN THE COURT OF COMMON PLEAS,
Of the Last Will and Testament of : CUMBERLAND COUNTY, PENNSYLVANIA
Nancy T. Anthony,
Plaintiff :
•
•
v.
: No. 2012-3467- CIVIL TERM
JOHN E. KOBIERCKI and :
LAVONNE T. KOBIERCKI, his wife, .
Defendants : IN PARTITION
Certificate of Service
I hereby certify that the foregoing Praecipe to Settle, Discontinue, and End was
sent by first class mail, postage prepaid this day to the following:
Robert G. Frey, Esquire
Frey & Tiley
5 South Hanover Street
Carlisle, PA 17013
Attorneys for Plaintiff
X, W NGER & WEID R
Date: November 5, 2013 B : iiA _
A.
Pa la A. Cr'•ben,
Paralegal
Post Office Box 845
Harrisburg, PA 17108-0845
(717) 234-4182